POLICYMAKING UNDER THE BUSH II NATIONAL LABOR RELATIONS BOARD: WHERE DO WE GO FROM HERE?

With the decisions issued at the close of its fiscal year in September of 2007, on top of highly publicized decisions issued previously, the National Labor Relations Board (Labor Board or NLRB) has come under heavy criticism from union and political leaders, as well as academicians.1 This article

will discuss the politicization of the Labor Board. It will present the U.S. Supreme Court's analytical framework for reviewing administrative agency policymaking decisions, as set forth in its landmark Chevron U.S.A. v. Natural Resources Defense Council, Inc. decision.2 Two recent decisions of the Labor Board will be evaluated under the Chevron standards. The article will conclude with comments on whether or not the agency is fulfilling its statutory mission to administer the National Labor Relations Act (NLRA or Act) according to the terms of the Act itself, as interpreted by the U.S. Supreme Court and offers some suggestions on how to revitalize the agency.

THE POLITICIZATION OF THE NLRB AND CURRENT EFFECTS